Current through Register Vol. 6, March 22, 2024
(1) Any commercial motor vehicle or motor
carrier subject to regulation by the department under
61-10-154, MCA, shall comply with
and the department adopts by reference the following portions of the Federal
Motor Carrier Safety Regulations of the U.S. Department of Transportation,
subject to the provisions of (2). The regulations adopted are
49 CFR part 373, 49
CFR part
375,
49 CFR parts
377 through
379,
49 CFR part
382,
49 CFR part 383, 49
CFR part
385,
49
CFR part
386 subpart F - Injunctions and
Imminent Hazards, 49 CFR part 387,
49 CFR parts
390 through
399, and Appendix G to subchapter
B of chapter III, Title 49 of the Code of Federal Regulations, as updated
through April 12, 2023. Copies of the regulations may be obtained from the U.S.
Government Printing Office, 732 North Capitol Street, NW, Washington, DC
20401-0001, or at www.gpo.gov.
(2) The federal regulations incorporated by
reference are subject to the following modifications:
(a) For purposes of 49 CFR part 385 , the
safety investigation applied to intrastate carriers will be referred to as an
"intrastate safety investigation." The department will conduct intrastate
safety investigations in compliance with ARM 18.8.1506.
(b)
49 CFR part 387, subpart A,
387.7 and
387.9 apply to for-hire motor
carriers operating in interstate or foreign commerce and motor carriers
transporting hazardous material. Section
61-6-103, MCA, establishes the
minimum level of financial responsibility for for-hire motor carriers
transporting nonhazardous material intrastate.
(c) With respect to
49 CFR
390.19, an intrastate motor carrier must
complete a "Motor Carrier Identification Report" (form MCS-150) at the
following times:
(i) before the carrier
begins operation; and
(ii) every 24
months thereafter, in accordance with the schedule in
49 CFR
390.19.
(d) For the purpose of
49 CFR
390.21, the department will assign a United
States Department of Transportation (USDOT) number to each intrastate motor
carrier and that number, in addition to the name or trade name of the motor
carrier, must be marked on each self-propelled commercial motor vehicle
operated by the carrier in the same manner as is required of a federally issued
USDOT number except:
(i) The motor carrier is
required to mark each vehicle subject to these regulations with the assigned
"USDOT" number immediately followed by the state abbreviation "MT."
(e) Part 391 is subject to the age
and physical qualification provisions of ARM 23.3.505 and 23.3.506 for those
individuals operating under a type 2 commercial driver's license and not
engaged in "interstate commerce," as defined in 49 CFR part 391.
(f) For the purpose of
49 CFR
395.1(k), the planting and
harvesting seasons during which transportation of agricultural commodities or
farm supplies for agricultural purposes is conducted shall be deemed to run
from January 1 through December 31 of each year.
(g) For the purpose of
49 CFR
395.8, a person exempted from
49 CFR
395.3 pursuant to the exclusion set forth in
49 CFR
395.1(k) must keep a daily
record of the number of hours worked. The format of the daily record may be
determined by the record keeper, so long as the format includes a provision for
entry of hours worked by calendar day. The daily record must be retained for a
period of six months from initial entry date. Payroll records or time sheets
may be used for this purpose, if they are updated on a daily basis.
(h) For purposes of
49 CFR
396.9, a Commercial Vehicle Safety Alliance
(CVSA) Level I, II, III, and V inspection performed by a certified officer or
investigator requires the driver's presence and participation to complete the
safety inspection of the driver and motor vehicle.
